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Regular Session, 2013
HOUSE BILL NO. 407
BY REPRESENTATIVE ROBIDEAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEGISLATIVE POWERS: (Constitutional Amendment) Provides relative to prefiling and
consideration of certain legislation at regular sessions
A JOINT RESOLUTION1
Proposing to amend Article III, Section 2(A)(2)(b) and (d), (3)(b), and (4)(b)(introductory2
paragraph) and Article XIII, Section 1(A)(2) and to add Article III, Section3
2(A)(2)(e) of the Constitution of Louisiana, to provide relative to legislative4
sessions; to provide relative to the introduction, consideration, and enactment of5
certain legislation in regular sessions; to provide relative to prefiling of certain6
proposed legislation; to provide for submission of the proposed amendment to the7
electors; and to provide for related matters.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state of10
Louisiana, for their approval or rejection in the manner provided by law, a proposal to11
amend Article III, Section 2(A)(2)(b) and (d), (3)(b), and (4)(b)(introductory paragraph) and12
to add Article III, Section 2(A)(2)(e) of the Constitution of Louisiana, to read as follows:13
§2. Sessions14
Section 2.(A) Annual Session.15
* * *16
(2)17
* * *18
(b) Except as provided in Subsubparagraph Subsubparagraphs (c) and (d) of19
this Subparagraph, any bill that is to be prefiled for introduction in either house shall20 HLS 13RS-202 ORIGINAL
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be prefiled no later than five o'clock in the evening of the tenth calendar day prior1
to the first day of a regular session.2
* * *3
(d) Each bill the object of which is to legislate with regard to tax exemptions,4
exclusions, deductions, reductions, repeals, rebates, or credits shall be prefiled. Each5
such bill shall be prefiled no later than five o'clock in the evening of the forty-fifth6
calendar day prior to the first day of a regular session.7
(e) The legislature is authorized to provide by joint rule for the procedures8
for passage of duplicate or companion instruments.9
(3)10
* * *11
(b) No measure levying or authorizing a new tax by the state or by any12
statewide political subdivision whose boundaries are coterminous with the state;13
increasing an existing tax by the state or by any statewide political subdivision14
whose boundaries are coterminous with the state; or legislating with regard to tax15
exemptions, exclusions, deductions, rebates, or credits shall be introduced or enacted16
during a regular session held in an even-numbered year.17
(4)18
* * *19
(b) During any session convening in an odd-numbered year, no matter20
intended to have the effect of law, including any suspension of law, shall be21
introduced or considered unless its object is to enact the General Appropriation Bill;22
enact the comprehensive capital budget; make an appropriation; levy or authorize a23
new tax; increase an existing tax; levy, authorize, increase, decrease, or repeal a fee;24
dedicate revenue; legislate with regard to tax exemptions, exclusions, deductions,25
reductions, repeals, rebates, or credits; or legislate with regard to the issuance of26
bonds. In addition, a matter intended to have the effect of law, including a measure27 HLS 13RS-202 ORIGINAL
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proposing a suspension of law, which is not within the subject matter restrictions1
provided in this Subparagraph may be considered at any such session if:2
* * *3
Section 2. Be it further resolved by the Legislature of Louisiana, two-thirds of the4
members elected to each house concurring, that there shall be submitted to the electors of5
the state of Louisiana, for their approval or rejection in the manner provided by law, a6
proposal to amend Article XIII, Section 1(A)(2) of the Constitution of Louisiana, to read as7
follows:8
§1. Amendments9
Section 1.(A)10
* * *11
(2)(a) Any joint resolution proposed at a regular session of the legislature12
which effects any change in constitutional provisions relating to any retirement13
system for public employees shall be prefiled no later than five o'clock in the14
evening of the forty-fifth calendar day prior to the first day of session.15
(b) Any joint resolution proposed at a regular session of the legislature which16
would amend this constitution relative to tax exemptions, exclusions, deductions,17
reductions, repeals, rebates, or credits shall be prefiled no later than five o'clock in18
the evening of the forty-fifth calendar day prior to the first day of session.19
* * *20
Section 3. Be it further resolved that this proposed amendment shall be submitted21
to the electors of the state of Louisiana at the statewide election to be held on November 4,22
2014.23
Section 4. Be it further resolved that on the official ballot to be used at the election,24
there shall be printed a proposition, upon which the electors of the state shall be permitted25
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as26
follows:27
Do you support an amendment to provide that legislation relative to tax28
rebates may be enacted by the legislature only in a session convening in an29 HLS 13RS-202 ORIGINAL
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odd-numbered year and to require proposed legislation relative to tax1
exemptions, exclusions, deductions, reductions, repeals, rebates, or credits2
to be prefiled thirty-five days earlier than the general prefiling deadline?3
(Amends Article III, Section 2(A)(2)(b) and (d), (3)(b), and4
(4)(b)(introductory paragraph) and Article XIII, Section 1(A)(2); Adds5
Article III, Section 2(A)(2)(e))6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Robideaux HB No. 407
Abstract: Provides that legislation relative to tax rebates may be enacted by the legislature
only in a session convening in an odd-numbered year and requires proposed
legislation relative to tax exemptions, exclusions, deductions, reductions, repeals, or
credits to be prefiled no later than 45 days prior to the first day of a regular session.
Present constitution (Art. III, §2) provides that no measure levying or authorizing a new tax
by the state or by any statewide political subdivision whose boundaries are coterminous with
the state; increasing an existing tax by the state or by any statewide political subdivision
whose boundaries are coterminous with the state; or legislating with regard to tax
exemptions, exclusions, deductions or credits shall be introduced or enacted during a regular
session held in an even-numbered year. Proposed constitutional amendment retains present
constitution and adds a measure legislating with regard to tax rebates to the list of measures
that cannot be introduced or enacted during a regular session in an even-numbered year.
Present constitution provides, subject to certain limited exceptions, that during a session
convening in an odd-numbered year, no matter intended to have the effect of law, including
any suspension of law, shall be introduced or considered unless its object is to enact the
General Appropriation Bill; enact the comprehensive capital budget; make an appropriation;
levy or authorize a new tax; increase an existing tax; levy, authorize, increase, decrease, or
repeal a fee; dedicate revenue; legislate with regard to tax exemptions, exclusions,
deductions, reductions, repeals, or credits; or legislate with regard to the issuance of bonds.
Proposed constitutional amendment retains present constitution and adds a matter whose
object is to legislate with regard to tax rebates to the list of matters that may be introduced
and considered during a session convening in an odd-numbered year.
Present constitution provides that no member may introduce more than five bills that were
not prefiled, except as provided in the joint rules of the legislature. Provides that any bill
that is to be prefiled for introduction in either house shall be prefiled no later than 5 p.m. of
the 10th calendar day prior to the first day of a regular session. However, provides that any
bill to effect any change in laws relating to any retirement system for public employees that
is to be prefiled for introduction in either house shall be prefiled no later than 5 p.m. of the
45th calendar day prior to the first day of a regular session.
Proposed constitutional amendment retains present constitution and additionally provides
that each bill the object of which is to legislate with regard to tax exemptions, exclusions,
deductions, reductions, repeals, rebates, or credits shall be prefiled. Requires each such bill HLS 13RS-202 ORIGINAL
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to be prefiled no later than 5 p.m. of the 45th calendar day prior to the first day of a regular
session.
Present constitution (Art. XIII, §1) provides that an amendment to the constitution may be
proposed by joint resolution at any regular session of the legislature, but the resolution shall
be prefiled, at least 10 days before the beginning of the session in accordance with the rules
of the house in which introduced. Provides, however, that any joint resolution proposed at
a regular session of the legislature which effects any change in constitutional provisions
relating to any retirement system for public employees shall be prefiled no later than 5 p.m.
of the 45th calendar day prior to the first day of session.
Proposed constitutional amendment retains present constitution and additionally provides
that any joint resolution proposed at a regular session of the legislature which would amend
the constitution relative to tax exemptions, exclusions, deductions, reductions, repeals,
rebates, or credits shall be prefiled no later than 5 p.m. of the 45th calendar day prior to the
first day of session.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
(Amends Art. III, §2(A)(2)(b) and (d), (3)(b), and (4)(b)(intro. para.) and Art. XIII,
§1(A)(2); Adds Art. III, §2(A)(2)(e))